MAGISTRATES COURT
FACT SHEET 40
EXTRAORDINARY DRIVER’S LICENCE
This fact sheet explains how to apply for an extraordinary driver’s licence.
What is an
extraordinary driver’s
licence?
An extraordinary driver’s licence is a licence granted at the
discretion of the Court. It authorises the holder to drive in certain
circumstances, even though they have been disqualified from
driving by a court.
How to apply
You will need to lodge an application form and pay the
prescribed fee at a registry of the Magistrates Court.
The application form and fees are available from any court
registry
or
on
the
Magistrates
Court
website:
www.magistratescourt.wa.gov.au.
Grounds for granting
an extraordinary
driver’s licence
The Court can only grant an extraordinary driver’s licence if
without a licence the applicant will be:
1. unable to access urgent medical treatment for an existing
illness, disease or disability suffered by the Applicant or a
family member,
2. deprived of the principal means of obtaining income, or
3. deprived of the only practical means of travelling to and
from a place of employment for Applicant or family
member.
Time limits
Applications can only be made after a certain waiting period has
elapsed. This waiting period will depend on the type of offence
and any prior drink/drug-related traffic convictions you may
have. The table in this fact sheet is provided to guide you in
determining the required waiting period.
If you are unsure, you should seek legal advice to determine the
time limit that applies to you. Please be aware that court staff
cannot assist you to determine the correct waiting period and
you may be required to contact the West Australian Police or the
Department of Transport.
When an application
cannot be made
You cannot apply for an extraordinary driver’s licence when you
are:
1. serving a demerit point suspension,
2. serving the period of an immediate disqualification notice, or
3. serving a fine suspension
Enforcement Registry.
Fact Sheet 40 - Applying for an extraordinary motor driver’s licence
imposed
December 2014
by
the
Fines
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In relation to a demerit point suspension and immediate
(roadside) disqualification; you must wait until the end of the
period stated in the notice before you are eligible to make
an application.
To lift a fine suspension you need to either pay all outstanding
fines or make time-to-pay arrangements with the Fines
Enforcement Registry. Your suspension will only be lifted if the
fines are paid in full or your time-to-pay application is granted.
Waiting period before
application can be
made
It is important to note that you cannot apply for an extraordinary
driver’s licence during the period that any disqualification notice
is in effect (normally 2 months from the date of the offence), or
before the waiting period from court conviction has elapsed (as
set out in the table below).
Waiting Period from Immediate (Roadside) Disqualification
An immediate disqualification notice may be issued by the police
for an offence of Excess 0.08, Driving under the Influence, or
refusing to comply with a requirement to provide a breath, blood
or urine sample.
A disqualification notice, once served, immediately disqualifies a
driver from driving (normally for two months). No application for
an extraordinary driver’s licence may be made whilst a driver is
disqualified.
If you still need to apply for an extraordinary driver’s licence after
the disqualification imposed by the notice has ended, the waiting
period for applying for an extraordinary licence is dependent on
the date of court conviction as set out below.
For more information on disqualification notices, please refer to
the
website
of
the
Office
of
Road
Safety
–
http://www.ors.wa.gov.au.
Waiting Period from Court Conviction
The period which you are required to wait before being eligible
to apply for an extraordinary driver’s licence is dependent on the
type of offence and the number of previous convictions you have
incurred.
The following waiting periods apply from the date you are
convicted of the offence by the court. This information is
provided as a guide only. For a full list of penalties and
applicable waiting periods, please refer to the Road Traffic Act
1974.
Waiting period (from conviction) to be served before
applying for extraordinary driver’s licence
Driving under
the Influence
(+ 0.15%)
Driving while
Impaired by
Drugs
First Offence
3 Months
3 Months
21 Days
Second Offence
4 Months
4 Months
2 Months
Subsequent Offence
4 Months
4 Months
3 Months
Fact Sheet 40 - Applying for an extraordinary motor driver’s licence
December 2014
Driving in
Excess 0.08%
Page 2 of 4
Note: Refusing a breathalyser, blood or urine test counts as a
driving under the influence offence.
Refusing a preliminary roadside test courts as an excess
0.08% offence.
These waiting periods are reduced by the period of any
immediate disqualification (normally 2 months).
The hearing
A hearing date will be set by the Court at least 14 clear days
from the day you lodge the application. This time period cannot
be shortened.
The Court will serve a copy of the application on the Department
of Transport. An officer from that department or a police officer
will appear on the court date.
You must attend court on the hearing date and justify to the
Court your need for an extraordinary licence.
At the hearing you need to provide the Court with sufficient
information, documentation, or evidence in relation to your
financial and or medical circumstances to enable the magistrate
to clearly understand how you are being affected by the loss of
your driver’s licence. Relevant documents may include bank
statements, medical reports, foreclosure notices, proof of debts/
repayments etc.
Factors the Court will
consider
When deciding whether or not to grant an extraordinary driver’s
licence the Court will consider many factors, including:
1. The safety of the public generally.
Your previous driving history and traffic record.
2. The circumstances of the case.
You will need to satisfy the Court on one or more of the following
grounds:
• You cannot do your job without a licence;
• You will lose your job if you are not granted an
extraordinary licence, and/or;
• The licence is required for medical purposes.
3. The nature of the offence or offences giving rise to
disqualification.
the
This means the circumstances surrounding the offence for which
you lost your licence.
4. The conduct of the applicant since the offence and
disqualification.
The court will want to know such things as:
• Has your employment situation changed?
• Have your drinking habits changed since your offence?
• What are they now?
• Have you undergone any alcohol or drug counselling?
• Have there been any further convictions or charges laid
against you?
Fact Sheet 40 - Applying for an extraordinary motor driver’s licence
December 2014
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Can conditions be
attached to an
extraordinary driver’s
licence?
The Court can attach any conditions it thinks fit to an
extraordinary driver’s licence. Some of the more common
conditions include:
• The days and hours during which you can drive;
• The purposes for which you can drive (for example, to
travel to or from work or medical reasons);
• The locality and the roads you can drive on, and/or;
• The vehicle or class of vehicle that you can drive.
Is there a difference
between a court order
and a licence?
The court may make an order that you can obtain an
extraordinary driver’s licence. It is important to know that the
order is not a licence to drive.
Upon being provided with the order by the Court, you will need
to present that order to a licensing branch of the Department of
Transport. Upon payment of a fee, proof of identification and
meeting any other Department of Transport requirements, the
licence will be issued.
It is only when the licence is issued by the Department of
Transport that you can resume driving.
What if the application
is refused?
If your application is refused you cannot make another
application for six months. The application fee is not refundable
if the application is refused.
Offences
It is an offence to drive contrary to any of the conditions of an
extraordinary licence and you are liable to be charged, fined and
your extraordinary licence cancelled.
If you drive prior to obtaining the licence from the Department of
Transport you will also be liable for prosecution.
Can an extraordinary
licence be varied?
If, at a later time, any of the conditions on your extraordinary
licence need to be changed (such as your employment or
conditions of employment change) you may make an application
to a registry of the Court to vary those conditions.
The application will need to be considered by a magistrate in a
similar way to the original application.
When you go to court, you will have to tell the magistrate what
has changed. You will also have to provide sufficient
information, documentation or evidence so that the magistrate
can understand what has changed and why the licence should
be varied.
This is a guide only. The content is subject to change. If you are
unsure about any of the information in this fact sheet, contact your
nearest registry or seek legal advice.
Fact Sheet 40 - Applying for an extraordinary motor driver’s licence
December 2014
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